May 19, 2006

XM Radio's Feisty Letter To Subscribers

The RIAA sued XM Satellite Radio earlier this week for marketing iPod-like XM receivers that allows subscribers to record their programs: [Reuters link or EFF link].

Our own X. Ray Burns is an XM subscriber, and he just received his first "statement to subscribers" from the company, which is printed below. The letter suggests that XM is gearing up for a long hard battle and they won't hesitate getting their subscribers involved in it. Read the full letter here or below.

Statement to XM Subscribers - The XM Nation

Everything we've done at XM since our first minute on the air is about giving you more choices. We provide more channels and music programming than any other network. We play all the music you want to hear including the artists you want to hear but can't find on traditional FM radio. And we offer the best radios with the features you want for your cars, homes, and all places in between.

We've developed new radios -- the Inno, Helix and NeXus -- that take innovation to the next level in a totally legal way. Like TiVo, these devices give you the ability to enjoy the sports, talk and music programming whenever you want. And because they are portable, you can enjoy XM wherever you want.

The music industry wants to stop your ability to choose
when and where you can listen. Their lawyers have filed a meritless
lawsuit to try and stop you from enjoying these radios.

They don't get it. These devices are clearly legal.
Consumers have enjoyed the right to tape off the air for their personal
use for decades, from reel-to-reel and the cassette to the VCR and TiVo.

Our new radios complement download services, they don't
replace them. If you want a copy of a song to transfer to other players
or burn onto CDs, we make it easy for you to buy them through XM +
Napster.

Satellite radio subscribers like you are law-abiding
music consumers; a portion of your subscriber fee pays royalties
directly to artists. Instead of going after pirates who don't pay a
cent, the record labels are attacking the radios used for the enjoyment
of music by consumers like you. It's misguided and wrong.

We will vigorously defend these radios and your right to enjoy them in court and before Congress, and we expect to win.

Comments

I heard a suggestion posed to Station Manager Ken during his last State of the Station broadcast that he try to get WFMU on one of the satellite (either XM or Sirius) channels. He said he has tried a few times. I applaud the attempt, and can only say that XM could get some incredible support from us diehards in their ongoing battle if they would reconsider.

To follow up on this item, Sirius radio was pressed by the RIAA for the same thing and settled, they now pay a sort of royalty fee to allow listeners to save and record programs for later. I'm a sirius subscriber, but I'd love to see XM win this one. And here's hoping wfmu is on sattelite one day.

XM director of programming Eric Logan probably wrote that, and he's a really cool. Strangely I didn't get that letter, but I'm glad they're fighting the RIAA. I was planning on getting one of those new units when I could afford it.

I just heard a debate on New York Public Radio between the RIAA head counsel and a representative of XM. It was really well run, with no interruptions and name calling, so I actually got to understand the arguements being presented. Every one of the RIAA's arguements were not only completely legal, but a lot of them also seemed irrelevant to the case. One of their complaints was that consumer could see the titles of the songs, and delete songs based on that and make playlists. I don't see how that's any different than someone taping something, rewinding and recording a new song to make a playlist.